Identity of Products Precludes Application of Offensive Collateral Estoppel in Asbestos Litigation

Abstract

Discusses asbestos litigation. The author notes the potentially large number of asbestos cases, potentially two million claims to be litigated over the next thirty years. This article examines the use of collateral estoppel, or issue preclusion as a device for controlling the litigation of asbestos claims. This comment will look at past asbestos cases dealing with collateral estoppel and the propriety of collateral estoppel in future asbestos litigation.